In re Armenakis
May
22
2009
Ruling
Lien reduced to the extent impairing debtor's homestead exemption and stay lifted to allow creditor to pursue remedies on remaining balance.
Procedural posture
The bankruptcy court granted a judgment creditor successor's motion to lift the automatic stay in order to pursue its judicial lien on an apartment that the chapter 11 debtor co- owned with her non-debtor spouse. The debtor moved to reconsider the order. The motion included a request that the successor's lien be avoided pursuant to Fed. R. Bankr. P. 4003(d) and 11 U.S.C.S. § 522(f). The successor also moved to lift the automatic stay.
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Court
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